The court emphasized the principle of fairness and directed the authority to consider the petitioner's case as a 'saved case' and to decide on the renewal of quarry lease expeditiously.

ORDER :

1. Learned advocate Ms. Pandya for learned advocate Ms. Kruti Shah has tendered draft amendment. The same is taken on record and granted. Learned advocate for the petitioner is directed to carryout amendment forthwith.

2. By way of this petition, the petitioner has made multi-fold prayers. However, the principle grievance of the petitioner is that lease of the petitioner has not been renewed though the Joint Secretary, Industries and Mines Department passed an order on 19.06.2014 in favour of the present petitioner condoning the delay of 178 days and directing the Collector, Vadodara to initiate the procedure for approving the renewal of quarry lease as prayed for by the petitioner.

3.1 Learned advocate Ms. Shah submitted that in the year 2006, the petitioner was granted quarry lease of ordinary sand opposite survey no. 284 at the bank of Orsang River admeasuring 07-95-00 Hec. Are. Sq Mtr situated at Village-Jabugam, Taluka Bodeli, District Chhotaudepur, District Vadodara initially for a period of three years and pursuant to the aforesaid permission an agreement was executed on 23.04.2007. Thereafter, in the year 2010, further extension was granted to the petitioner for quarry lease. However, the said lease was to expire on 24.04.2010 and, therefore, when the petitioner made an application for renewal of the aforesaid quarry lease, the renewal application was rejected by the District Collector vide order dated 15.09.2010.

3.2 Against the order dated 15.09.2010 passed by the Collector, the petitioner preferred an appeal to the appellate authority and the appellate authority vide order dated 07.07.2012 quashed and set aside the order dated 15.09.2010 and remanded the matter back to the Collector, Vadodar.

3.3. Upon remand, the Collector, Vadodara vide order dated 22.07.2013 rejected the application of the petitioner in the Remand Case and the said order was challenged before the Revisional Authority i.e. Secretary, Geology and Mining Department, State of Gujarat wherein vide order dated 19.06.2014 the learned Joint Secretary, Industries and Mining Department condoned the delay of 178 days and passed an order directing the Collector to initiate the proceedings of approval of renewal of quarry lease.

3.4 Though the order was passed on 19.06.2014 and thereafter vide communication dated 09.12.2015 the Geologist, Geology Science and Mineral Department, Chhotaudepur informed the petitioner to pay the penalty of Rs. 5,000/- and asked for submission of environmental clearance certificate and mining plan. Thereafter Collector, Chhotaudepur wrote a letter dated 10.12.2015 to Deputy Secretary, Revisional Authority, Industries and Mines Department, Newa Sachivalaya, Gandhinagar requesting for guidance about the fact that period of quarry lease got over on 22.04.2013.

3.5 Vide communication dated 21.04.2015 the Deputy Secretary opined that when there is no specific date is mentioned, in that case, the order is required to be executed from the date of the order. Thereafter, for reasons best known to the authorities, the aforesaid order was not complied with and once again the petitioner was asked to pay payment of Rs. 5,000/- towards penalty which was paid by the petitioner, however, renewal was not granted in favour of the petitioner.

3.6 It is the grievance of the petitioner that thereafter in the year 2016, the petitioner was asked to give bank guarantee and to cure the defects in respect of mining plan and petitioner having complied with the directions in respect of mining plan and as it was not in the hands of the petitioner to get the environmental clearance certificate, which was applied for by the petitioner, the Collector once again called the petitioner for hearing. However, no decision was taken by the authority.

3.7 Thereafter it is the case of the petitioner that though the order of the Joint Secretary was passed on 19.06.2014, after delay of almost seven years, vide communication dated 13.10.2021, the Collector, Chhotaudepur made